Chapter 396 of the Acts of 2004

AN ACT RELATIVE TO THE OPERATION OF MOTORIZED SCOOTERS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to regulate forthwith the operation of motorized scooters, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of "Motorized bicycle" the following definition:-

"Motorized scooter", any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of "motorized scooter" shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.

SECTION 2. Said chapter 90 is hereby further amended by striking out section 1C, as so appearing, and inserting in place thereof the following section:-

Section 1C. Motorized bicycles and motorized scooters shall comply with all applicable federal motor vehicle safety standards.

SECTION 3. Said chapter 90 is hereby further amended by inserting after section 1D, as so appearing, the following section:-

Section 1E. A motorized scooter shall not be operated on any way by a person not possessing a valid driver's license or learner's permit, nor at a speed in excess of 20 miles per hour. A person operating a motorized scooter upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting scooters or bicycles have been posted, and shall be subject to all traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) a scooter operator shall keep to the right side of the road at all times, including when passing a motor vehicle which is moving in the travel lane of the way; and (2) the scooter shall be equipped with operational stop and turn signals so that the operator can keep both hands on the handlebars at all times. No person shall operate a motor scooter upon any way at any time after sunset or before sunrise.

A person operating a motorized scooter shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe. No person operating a motorized scooter shall permit any other person to ride as a passenger on the scooter.

A person convicted of a violation of this section shall be punished by a fine of not more than $25 for the first violation, not less than $25 nor more than $50 for a second violation and not less than $50 nor more than $100 for a third or subsequent violation.

SECTION 4. Section 8B of said chapter 90, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "bicycle", in lines 18 and 19, the following words:- or motorized scooter.

SECTION 5. The definition of "Automobile law violation" in section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- A recreation vehicle and a snow vehicle, both as defined in section 20 of chapter 90B, a motorized bicycle and motorized scooter, both as defined in section 1 of chapter 90, shall be considered a motor vehicle for the purposes of this chapter.

Approved November 18, 2004.